PC Res 3848
RESOLUTION NO. 3848
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
PLANNED DEVELOPMENT PERMIT (PLN2006-165) TO ALLOW
THE CONSTRUCTION OF A MIXED-USE PROJECT CONSISTING
OF 99 SENIOR RENTAL APARTMENT UNITS, 28 NON-AGE
RESTRICTED APARTMENT UNITS, A 21-UNIT DEMENTIA UNIT
(CONVALESCENT FACILITY) AND 16,043 SQUARE FEET OF
RETAIURESTAURANT SPACE ON PROPERTY OWNED MERRILL
GARDENS AT CAMPBELL LOCATED AT 2041-2043, 2075, 2091,
2105 AND 2127 S. WINCHESTER BOULEVARD IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF
MR. RYAN LEONG, ON BEHALF OF SRM DEVELOPMENT. FILE
NO: PLN2006-165.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to File No. PLN2006-165:
1. The proposed mixed-use will result in a use that is consistent with the Central
Commercial General Plan land use designation.
2. The proposed mixed-use project is consistent with the P-D (Planned Development)
Zoning District.
3. The site plan proposes the construction of two 3-story mixed-use buildings, one 3-
story residential building, and one 2-story mixed use building consisting of 16,043
square feet of retail space and 127 apartment units, 21 dementia units, 182 parking
spaces, and associated landscaping.
4. The project site consists of a 3.69 gross acres, developed with 67,816 square feet of
total building coverage, 35,295 square feet of landscaping, and 57,489 square feet
of paving (includes the courtyard, patios, and walkways).
5. The project provides one parking space per each 200 square feet of retail floor area,
for a total of 81 retail parking spaces, one parking space for every 3 senior housing
units, one space for every 2 beds in the dementia units, 1.85 parking spaces per non
age-restricted residential units, or 96 residential parking spaces, and 5 extra parking
spaces for a total of 182 off-street parking spaces.
6. The project has a Floor Area Ratio (FAR) of .11 per General Plan Policies and the
Zoning Ordinance.
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043, 2075, 2091, 2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell- Mixed-Use Project
Page 2
7. Land uses surrounding the project site includes commercial to the north, south, and
east, and residential to the west.
8. The design of the building utilizes varied, high quality building materials as
architectural treatments.
9. The concession or incentive requesting the City waive Public Works fees for the 19
affordable units is not required in order to provide for affordable housing costs, as
defined in Section 50052.5 of the Health and Safety Code, or for rents for the
targeted units as defined in Section 50053 of the Health and Safety Code.
10. The project site will generate approximately 1,067 daily trips.
11. Comparing the proposed land use with the existing land use, a net difference of an
addition of (37) A.M. peak hour trips and an addition of (11) P.M. peak hour trips
would occur.
12. Based on the net difference of vehicle trips generated between the existing and
proposed use, the addition of traffic generated by the proposed project will not result
in significant changes to the intersection Levels of Service (LOS).
13. The project will not exceed, either individually or cumulatively, a LOS standard
established by the Congestion Management Program for designated roads or
highways.
14. A Mitigated Negative Declaration has been prepared for this project concluding that
there are no significant unmitigated impacts associated with this project, pursuant to
the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed development will result in a more desirable environment and use of
the land than would be possible under any other zoning classification.
2. The development will be compatible with the General Plan of the City and will aid in
the harmonious development of the immediate area.
3. The development will be compatible with the Zoning Code of the City.
4. The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or the City as a whole.
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 3
5. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
6. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
7. No substantial evidence has been presented from which a reasonable argument
could be made that shows that the project, as currently presented and subject to the
required conditions of approval, will have a significant adverse impact on the
environment.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of a Planned Development Permit (PLN2006-165) to allow the construction of a mixed-
use project consisting of 99 senior rental apartment units, 28 non-age restricted
apartment units, a 21-unit dementia unit (convalescent facility) and 16,043 square feet
of retail/restaurant space on property owned by Merrill Gardens at Campbell located at
2041-2043, 2075, 2091, 2105 and 2127 S. Winchester Boulevard in a P-D (Planned
Development) Zoning District.
Where approval by the Director of Community Development, City Engineer, Public
Works Director, City Attorney or Fire Department is required, that review shall be for
compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations and accepted engineering practices for the item under
review. Additionally, the applicant is hereby notified that he/she is required to comply
with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of City Council
Planning, the applicant shall sign the final, approved set of Conditions of Approval.
Until said Conditions are signed, the proposed Planned Development Permit shall
not be valid for any permits sought from the City.
2. Approved Proiect: Approval is granted to construct three 3- story and one 2-story
building in conjunction with a new mixed-use development with a senior housing
component, and a dementia unit building at 2041-2127 S. Winchester Boulevard.
The building design and site design shall substantially conform to the project exhibits
listed below, except as may be modified by the Conditions of Approval herein:
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043, 2075, 2091, 2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 4
a. Revised project plans prepared by Runeberg Architecture Group and dated
October 10, 2007, site plan, floor plans, building elevations, and as revised by
the Building B recessed commercial exhibit dated as received by the City on
October 11, 2007.
b. Revised Conceptual Landscape Plan prepared by Hill Associates dated October
10,2007.
c. Program Description for Merrill Gardens at Campbell, received by the City on
July 5, 2007.
*Planning sign off is required to prior to Building Permit final. Construction not
in substantial compliance with the approved project plans shall not be approved
without prior authorization of the necessary approving body.
3. Permit Expiration: The Planned Development Permit is valid for a period of two
years from the date of final City Council approval. A building permit must be
obtained within this two-year period or the Planned Development Permit shall be
void.
4. Park Impact Fee: A Park Impact Fee is due upon development of the site, based on
the development density of greater than 21 units per acre, and shall be paid to the
City. Prior to building permits submittal, 75% of this fee is due. The remaining 25%
is due prior to issuance of a certificate of building occupancy. Credit shall be given
for the two existing residences to be demolished and the Park Impact Fees for the
19 affordable units are waived as a concession allowed by the Density Bonus Law.
5. Densitv Bonus/Affordable Housina Units: The proposed project qualifies for a 35%
density bonus for providing 19 affordable rental units to persons who qualify in the
very low income range. There shall be 19 rental apartments units designated as
affordable to very low income residents as required by the Density Bonus Law. The
specific units designated as affordable shall be proportionally distributed though the
project by both unit size and age restricted and non age-restricted units. Any future
reapportionment proposals, based on community housing needs, shall be forwarded
by the Community Development Director to the City Council and shall be considered
on the consent agenda.
6. Non-aoe Restricted Housino: At no time shall there be more than 28 units available
for rental to non age-restricted tenants. At least 99 rental units shall be available or
occupied by residents who qualify for senior housing. The minimum age requirement
for senior housing is 60 years old. Tenants outside of the minimum age of 60 years
or older with specific needs requiring assisted living services shall be approved by
the City of Campbell Housing Coordinator by a case by case basis.
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 5
7. Landscape Plan: The applicant shall submit four (4) sets of a final landscape and
irrigation plan to the Planning Division, prior to the issuance of building permits, for
review and approval by the Community Development Director. The landscape and
irrigation plan shall substantially conform with the approved conceptual landscape
plan and the City's Water Efficient Landscaping Standards (WELS). Landscaping
shall be designed to minimize irrigation and runoff, promote surface infiltration where
appropriate, and minimize the use of fertilizers and pesticides that can contribute to
stormwater pollution. Landscaping plans shall include the following:
a. All trees shall be a minimum 24-inch boxed size and all shrubs shall be a
minimum of 5-gallon size.
b. Landscape and paving maintenance shall be an on-going responsibility of the
property owner(s) and shall include routine pruning of trees and shrubs,
maintenance of the automatic irrigation system and the replacement of damaged
or diseased plant materials, periodic steam cleaning of walkways and removal of
graffiti within twenty-four hours. Applicant shall obtain encroachment permits
from the City of Campbell for all work performed within the right-of-way.
c. The landscape plan shall illustrate appropriate quantities and sizes of plant
materials to ensure buffering of buildings and parking areas.
d. All landscape areas shall be protected by 6-inch high poured in place concrete
curbs.
e. All landscaping shall be installed prior to building occupancy.
f. New street trees shall be added to provide a continuous tree planting along the
street frontage as required by the Community Development Director.
8. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the required landscaping for the project.
9. Cultural Resources: If archaeological or paleontological resources are encountered
during excavation or construction, construction personnel shall be instructed to
immediately suspend all activity in the immediate vicinity of the suspected resources
and the City and a licensed archeologist or paleontologist shall be contacted to
evaluate the situation. A licensed archeologist or paleontologist shall be retained to
inspect the discovery and make any necessary recommendations to evaluate the
find under current CEQA guidelines prior to the submittal of a resource mitigation
plan and monitoring program to the City for review and approval prior to the
continuation of anyon-site construction activity. [Mitigation Measure CULT-1]
In the event a human burial or skeletal element is identified during excavation or
construction, work in that location shall stop immediately until the find can be
properly treated. The City and the Santa Clara County Coroner's office shall be
notified. If deemed prehistoric, the Coroner's office would notify the Native American
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 6
Heritage Commission who would identify a "Most Likely Descendant (MLD)." The
archeological consultant and MLD, in conjunction with the project sponsor, shall
formulate an appropriate treatment plan for the find, which might include, but not be
limited to, respectful scientific recording and removal, being left in place, removal
and reburial on site, or elsewhere. Associated grave goods are to be treated in the
same manner. [Mitigation Measure CULT -2]
10. Trash and Recvclino Enclosure: The applicant shall submit details regarding the
design and location of a trash and recycling enclosure(s) to the Planning Division for
review and approval by the Community Development Director prior to the issuance
of building permits for the project.
a. Trash Containers of a size and quantity necessary to serve the new buildings
shall be in areas approved by the Fire Department and Community Development
Director.
b. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded
by a six-foot high solid wall and have decorative doors and designed to be
architectural compatible to the buildings. The enclosure shall be constructed at
grade level and have a level area adjacent to the trash enclosure area to service
the containers. Driveways or aisles shall provide unobstructed access for
collection vehicles and personnel and provide at least the minimum clearance
required by the collection methods and vehicles utilized by the designated
collector. The wall, gate and surface inside the enclosure must be kept in sound
repair and condition. The refuse and recycling containers shall be kept in the
enclosure at all times except when being emptied by collection personnel.
c. Areas around trash enclosures, recycling areas, and/or trash compactor
enclosures shall not discharge to the storm drain system. Any drains installed in
or beneath dumpster and compactor facilities shall be connected to the sanitary
sewer. The applicant shall contact the West Valley Sanitation District for specific
connection and discharge requirements.
11. Parkino and Drivewavs: All parking and driveway areas shall be developed in
compliance with Chapter 21.28 of the Campbell Municipal Code and the approved
project plans with the following revisions:
a. Property owner and/or operator shall maintain a minimum of 81 retail parking
spaces, and 96 residential spaces.
b. The retail use shall at no time exceed the demand for the required amount of
retail parking spaces.
c. The Rincon Avenue ingress/egress driveway shall be restricted with the
appropriate signage, striping and driveway approach prohibiting right turns onto
W. Rincon Avenue.
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 7
12. Residential/Commercial Parkino Garaae Entrance and Exit: The applicant shall
indicate on the building plans that provisions shall be made to ensure pedestrian and
vehicular safety to the satisfaction of the Community Development Director. Details
and information shall be reviewed and approved by the Community Development
Director prior to issuance of any building permits for the project.
13. Alternative Transportation Methods: The applicant shall develop and provide
incentives to encourage the use of alternative transportation methods, which shall be
reviewed and approved by the Community Development Director prior to issuance of
any building permits for the project.
14. Fences: Any newly proposed fencing and/or walls shall comply with Section
21.18.060 of the Campbell Municipal Code and shall be reviewed and approved by
the Community Development Director prior to issuance of any building permits for
the project.
15. Roof Screen: Prior to issuance of building permits for the applicant shall submit a
detailed plan for any roof screens for review and approval by the Community
Development Director. The roof screens shall be compatible with the overall design
of the building in terms of color and material and must completely screen the
equipment from view. The roof screen plan shall be subject to review and approval
by the Community Development Director.
16. Location of Mechanical Equipment: No roof-mounted mechanical equipment, i.e. air
conditioning units, shall be located on the roof of building without providing
screening of the mechanical equipment from public view and surrounding properties.
Screening material and method shall require review and approval by the Community
Development Director prior to installation of such mechanical equipment screening.
17. Outdoor Storaoe: No outdoor storage is permitted on the property. No construction
equipment, construction vehicles, and/or construction debris shall be parked and/or
stored on the property.
18. On-site Liahtino: Any proposed on-site lighting shall be shielded away from adjacent
properties and directed on site. The design and type of lighting fixtures and lighting
intensity of any exterior lighting shall be reviewed and approved by the Community
Development Director, prior to issuance of a building permit. Lighting fixtures shall
be of a decorative design to be compatible with the development and shall
incorporate energy saving features.
19. Sions: Signage shall be approved in conformance with the Master Sign Program, as
revised through this approval process. New signage shall not be installed prior to
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 8
approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal
Code.
20. Operational Hours: Operational hours shall be limited to 6 a.m. to 11 p.m. daily for
retail uses.
21. Delivery and Garbaae Pick Up Hours/Noise: Delivery and garbage pick up hours
shall be restricted to 8 a.m. to 8 p.m. Signing shall be installed at service doors
notifying the restriction of delivery and garbage pick up hours.
22. Noise:
a. The project building plans shall incorporate construction grade dual pane thermal
windows and doors rated minimum Sound Transmission Class (STC) 29 for living
spaces within 190 feet from the centerline of Winchester Boulevard. The
applicant shall utilize full window (glass and frame), assemblies that have been
tested for sound rating, to the satisfaction of the Building Official. Since windows
must be closed to achieve the interior noise criterion, the CBC requires an
alternate method (ventilation or air conditioning system) of supply fresh air for all
units within 190 feet from the centerline of Winchester Boulevard. [Mitigation
Measures Noise-1]
b. Construct 42" high acoustically-effective balcony railings at all balconies within
190 feet of the centerline of Winchester Boulevard and within a direct or side
view of the road. The railing height is in reference to the nearest balcony floor
elevation. [Mitigation Measures Noise-2]
23. Property Maintenance: The property is to be maintained free of any combustible
trash, debris and weeds until the time that actual construction commences. All
existing structures shall be secured by having windows boarded up and doors
sealed shut, or be demolished or removed from the property (Section 11.201 and
11.414, 1985 Ed. Uniform Fire Code).
24. Graffiti Removal: The property owner shall be responsible for the removal of any
graffiti from walls, fences or structures on the project site within one week of
notification by the Community Development Director or their designate.
25. Sidewalk Maintenance: The owner/operator of the property shall provide on-going
maintenance of the sidewalks and shall pressure wash the sidewalks as necessary
or as required by the Community Development Director or Director of Public Works
to remove all spills, gum and food. Sidewalks and parking lots shall be swept
regularly to prevent the accumulation of litter and debris. Debris resulting from
pressure washing shall be trapped and collected to prevent entry into the storm drain
system. Wash water containing any cleaning agent or degreaser shall be collected
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 9
and discharged to the sanitary sewer and shall not be discharged to a storm drain.
The applicant shall contact the West Valley Sanitation District for specific connection
and discharge requirements.
26. Utilitv Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of PG&E transformers and San Jose Water Company back-flow
preventers, indicating the location of the facilities and screening (if the facilities are
above ground) for approval by the Community Development Director.
27. Construction Mitioation Measures: The following practices should be followed during
all phases of site preparation and construction activities:
a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00
p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take
place on Sundays or holidays unless an exception is granted by the Building
Official. [Mitigation Measure Noise-3]
b. Truck routes to and from the construction site should be established and
submitted to the City for review and approval prior to issuance of a building
permit. These truck routes shall avoid access to the project site via residential
streets where possible. [Mitigation Measure Noise-3]
c. All construction equipment with internal combustion engines used on the project
site shall be properly muffled and maintained in good working condition.
[Mitigation Measure Noise-3]
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
[Mitigation Measure Noise-3]
e. All stationary noise-generating construction equipment, such as air compressors
and portable power generators, shall be located as far as possible from noise-
sensitive receptors such as existing residences and businesses. [Mitigation
Measure Noise-3]
f. Prior to the issuance of building permits, the project site shall be posted with the
name and contact number of the lead contractor in a location visible from the
public street so that the contractor can be made aware of noise complaints.
[Mitigation Measure Noise-3]
g. Construction equipment, vehicles, and workers associated with the development
of the project shall not be permitted to park on any residential streets. [Mitigation
Measure Noise-3]
h. Use dust-proof chutes for loading construction debris onto trucks. [Mitigation
Measure AIR-1]
i. Water or cover stockpiles of debris, soil, and other materials that can be blown by
the wind. [Mitigation Measure AIR-1]
j. Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least two feet of freeboard. [Mitigation Measure AIR-1]
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043, 2075, 2091, 2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 10
k. Sweep daily (with water sweepers) all paved access roads, parking areas, and
staging areas at the construction site. [Mitigation Measure AIR-1]
I. Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets, as directed by the City Engineer. [Mitigation Measure
AIR-1]
m. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to
exposed stockpiles (dirt, sand, etc.). [Mitigation Measure AIR-1]
n. Install erosion control measures to prevent runoff from the project site.
[Mitigation Measure AIR-1]
28. Contractor Contact Information Postino: Prior to the issuance of building permits,
the project site shall be posted with the name and contact number of the lead
contractor and construction hours in a location visible from the public street so that
the contractor can be made aware of noise complaints. The minimum size of the
sign for posting shall be 4 feet x 8 feet.
29. Construction Staoino Plan: Prior to the issuance of grading or building permits for
the project, the applicant shall submit a site plan and narrative description indicating
the location, length of time and details of construction staging. The construction
staging plan shall be subject to review and approval by the Community Development
Director and the Public Works Director.
30. Construction Schedule Plan: Prior to the issuance of grading or building permits for
the project, the applicant shall submit a site plan and narrative description indicating
the location, length of time and details of construction schedule. The construction
schedule plan shall be subject to review and approval by the Community
Development Director and the Public Works Director.
31. Soils Report: The applicant shall comply with the following requirements:
a. The applicant shall comply with the requirements of the geotechnical analysis
[Mitigation Measure GEO-1]
b. The proposed structures shall be designed in accordance with the seismic design
criteria of the 2001 CBC. [Mitigation Measure GEO-1]
c. Prior to issuance of building permits for the project, a registered geotechnical
engineer shall prepare a design-specific geotechnical analysis, and all
recommendations of the analysis shall be incorporated into the project's final
engineering design to minimize the damage from seismic shaking. The project
sponsor shall use standard engineering techniques and conform to the
requirements of the Uniform Building Code to reduce the potential for seismic
damage and risk to future occupants. [Mitigation Measure GEO-1]
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043, 2075, 2091, 2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 11
d. The building pad for Building D shall be over-excavated to a depth of 24 inches
below the bottom of the new footings. The over-excavated soils shall be placed
back as compacted engineered fill up to the final grades as a measure to
improve soil competence and reduce the potential of excessive settlement.
[Mitigation Measure GEO-1]
e. Loose soils were encountered at depths of about 8 to 12 feet below ground
surface in two of the exploratory borings. Therefore, extra care shall be exercised
during excavations and prior to the installation of a shoring system due to the
caving potential of the loose soil. It is anticipated that soldier beam and lagging
with tie-backs will be used for temporary shoring of the parking garage/basement
excavations. The shoring system should be capable of supporting the walls
safely and without excessive deflection. [Mitigation Measure GEO-1]
f. The applicant shall submit two copies of a current soils report containing
foundation and retaining wall design recommendations, prepared to the
satisfaction of the Building Official, with the building permit application. This
report shall be prepared by a licensed engineer specializing in soils mechanics.
[Mitigation Measure GEO-2]
32. Plan nino Mitioation Monitorino Fee: Prior to building permit issuance, the applicant
shall pay an $8000.00 deposit to cover the actual staff cost, at the rate of Planner I,
to ensure compliance with the mitigation monitoring and with the conditions of
approval.
Building Division:
33. Permits Reauired: A building permit application shall be required for the proposed
new Mixed-Use (Residential & Commercial) Structure. The building permit shall
include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
34. Construction Plans: The Building Division Conditions of Approval shall be stated in
full on the cover sheet of construction plans submitted for building permit. A clear
statement of the specific Occupancy and Construction Types and corresponding
square footages shall be printed on the cover sheet of the plans.
35. Size of Plans: The minimum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
36. Plan Preparation: This project requires plans prepared under the direction and
oversight of California licensed Engineers and Architects. Plans submitted for
building permits shall be "wet stamped" and signed by the qualifying professional
person.
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 12
37. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations
shall be submitted with the building permit application. This report shall be prepared
by a licensed engineer specializing in soils mechanics. This project has potentially
been identified as located in an area subject to "Liquefaction" as designated by the
California State Geologist. As such, it is subject to all State requirements for
geologic reports and investigations.
38. Site Plan: Application for building permit shall include a competent engineered site
plan that identifies property and proposed structures with dimensions and elevations
as appropriate. Site plan shall also include extensive site drainage details.
39. Foundation Inspection: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector upon foundation
inspections. This certificate shall certify compliance with the recommendations as
specified in the soils report and the building pad elevation and on-site retaining wall
locations and elevations are prepared according to approved plans. Horizontal and
vertical controls shall be set and certified by a licensed surveyor or registered civil
engineer for the following items:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation comer locations
40. Title 24 Eneray Compliance: California Title 24 Energy requirements for Commercial
and Residential structures apply to this project and shall be provided with application
documents at time of submittal.
41. Special Instructions: When a special inspection is required by U.B.C. Section 1701,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building
permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell,
Special Inspection forms from the Building Inspection Division Counter.
42. Non-Point Source Pollution Control: The City of Campbell, standard Santa Clara
Valley Non-point Source Pollution Control Program specification sheet shall be part
of plan submittal. The specification sheet (size 24" X 36") is available at the Building
Diyision service counter.
43. Approvals Reauired: The project requires the following agency approval prior to
issuance of the building permit:
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 13
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. School District:
i) Campbell Union School District (378-3405)
ii) Campbell Union High School District (371-0960)
iii) Moreland School District (874-2900)
iv) Cambrian School District (377-2103)
Note: To determine your district, contact the offices identified above. Obtain
the School District payment form from the City Building Division, after the
Division has approved the building permit application.
d. Bay Area Air Quality Management District (Demolitions Only)
44. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early
as possible in the approval process. Service installations, changes and/or
relocations may require substantial scheduling time and can cause significant delays
in the approval process. Applicant should also consult with P.G. and E. concerning
utility easements, distribution pole locations and required conductor clearances.
45. Construction Fencina: This project shall be properly enclosed with construction
fencing to prevent unauthorized access to the site during construction. The
construction site shall be secured to prevent vandalism and/or theft during hours
when no work is being done. All protected trees shall be fenced to prevent damage
to root systems
Public Works Department:
46. Preliminary Title Report: (Prior to issuance of any grading or building permits for the
site, the applicant shall provide a current (within the past 6 months) Preliminary Title
Report.
47. Riqht-of-Wav for Public Street Purposes: Prior to issuance of any grading or
building permits for the site, the applicant shall fully complete the process to cause
additional right-of-way to be granted in fee for public street purposes along the S.
Winchester Blvd. and W. Rincon Ave. frontages to accommodate a 45' half street
width and 30' half street width, respectively. The applicant shall submit the
necessary documents for approval by the City Engineer, process the submittal with
City staff's comments, and fully complete the right-of-way process. The applicant
shall cause all documents to be prepared by a registered civil engineer/land
surveyor, as necessary, for the City's review and recordation.
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 14
48. Public Service Easement: The applicant shall grant a public service easement on
private property along S. Winchester Blvd. frontage to accommodate necessary
utility facilities. The applicant shall cause all documents to be prepared by registered
civil engineer/land surveyor, as necessary, for the City's review and recordation.
49. Private Easements: Prior to issuance of any grading or building permits for the site,
the applicant shall provide the City with necessary documentation to ascertain the
applicant's legal right to use the easement across the 2053 S. Winchester property
for private utility purposes. The applicant shall obtain a private utility easement from
this adjacent property owner and provide the City with recorded documents
illustrating the private utility easement.
50. Soils Report: Prior to issuance of any grading or building permits for the site,
applicant shall provide a soils report prepared by a registered geotechnical or civil
engineer.
51. Gradina and Drainaae Plan: Prior to issuance of any grading or building permits for
the site, the applicant shall conduct hydrology studies based on a ten-year storm
frequency, prepare an engineered grading and drainage plan, and pay fees required
to obtain necessary grading permits. Prior to occupancy, the design engineer shall
provide written certification that the development has been built per the engineered
grading and drainage plans.
52. Storm Drain Area Fee: Prior to the issuance of any grading or building permits for
the site, the applicant shall pay the required Storm Drain Area fee, currently set at
$2,650 per net acre, which is $8,334.
53. Street Improvements: Prior to recordation of the final map, the applicant shall
execute a street improvement agreement, cause plans for public street
improvements to be prepared by a registered civil engineer, pay various fees and
deposits, post security and provide insurance necessary to obtain an encroachment
permit for construction of the standard public street improvements, as required by
the City Engineer. The plans shall include the following, unless otherwise is
approved by the City Engineer:
Winchester Blvd:
a. Show location of all existing utilities within the new and existing public right of
way.
b. Relocation of all existing utilities including utility boxes, covers, poles,
transformers, signs, etc. outside of future sidewalk area. No utility boxes, covers,
poles, cabinets, etc. will be allowed in the sidewalk area.
c. Removal of existing driveway approaches, sidewalk, curb ramp, curb and gutter.
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 15
d. Installation of City approved street trees, tree wells and irrigation at 30 feet on
center.
e. Installation of City standard curb, gutter, sidewalk, ADA compliant curb ramp and
ADA complaint driveway approaches.
f. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
g. Installation of streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
h. Installation of traffic control, stripes and signs.
i. Construction of conforms to existing public and private improvements, as
necessary.
j. Submit final plans in a digital format acceptable to the City.
k. Removal of the existing pavement structural section related to the bulb out or as
required by the City Engineer.
I. Installation of a City approved corner bulb out at the northwest corner of W.
Rincon Avenue and Winchester Boulevard. The corner bulb out shall be
configured and meet the City Engineer's design requirements.
Rincon Ave.:
a. Show location of all existing improvements and utilities within the new and
existing public right of way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside
of sidewalk and driveway areas. No utility boxes, covers, etc. will be allowed in
the sidewalk area.
c. Removal of existing driveway approaches, sidewalk, curb and gutter.
d. Installation of City approved street trees, tree wells and irrigation at 20 feet on
center.
e. Installation of City standard curb, gutter, sidewalk and ADA complaint driveway
approach.
f. Modification to existing storm drain system on W. Rincon Avenue to include
upsizing the existing storm drain main line on W. Rincon Avenue eastward to
Winchester Blvd. and extending any related storm lateral facilities as necessary.
All modifications shall meet City standards and shall be subject to the review and
approval by the City Engineer.
g. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
h. Installation of streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
i. Installation of traffic control, stripes and signs.
j. Construction of conforms to existing public and private improvements, as
necessary.
k. Submit final plans in a digital format acceptable to the City.
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 16
I. Removal of the existing pavement structural section related to the bulb out or as
required by the City Engineer.
m. Installation of a City approved corner bulb out at the northwest corner of W.
Rincon Avenue and Winchester Boulevard. The corner bulb out shall be
configured and meet the City Engineer's design requirements.
54. Maintenance of Landscapina: Owner(s), current and future, are required to maintain
the landscaped park strip and tree wells in the public right of way. This includes, but
is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a
manner that would not allow the tree to grow to a mature height.
55. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of
the Campbell Municipal Code for any new or remodeled buildings or additions.
Applicant shall comply with all plan submittals, permitting, and fee requirements of
the serving utility companies.
56. Underaroundina Street Frontaae Utilities: All overhead utility lines along the project's
public street frontages shall be installed underground per Section 21.18.140 of the
Campbell Municipal Code. Applicant shall comply with all utility applications, plan
submittals, permitting, and fee requirements of the serving utility companies.
57. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the
public right-of-way line.
58. Utilitv Coordination Plan: Prior to issuance of building permits for the site, the
applicant shall submit a utility coordination plan and schedule for approval by the
City Engineer for installation and/or abandonment of all utilities. The plan shall
clearly show the location and size of all existing utilities and the associated main
lines; indicate which utilities and services are to remain; which utilities and services
are to be abandoned, and where new utilities and services will be installed. Joint
trenches for new utilities shall be used whenever possible.
59. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. Winchester Blvd. was overlaid in 2003. W. Rincon Avenue has not
been reconstructed or overlaid in the last 5 years. The pavement restoration plan
shall indicate how the street pavement shall be restored following the installation or
abandonment of all utilities necessary for the project.
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell- Mixed-Use Project
Page 17
60. Utility Encroachment Permit: Separate permits for the installation of utilities to serve
the development will be required (including water, sewer, gas, electric, etc.).
Applicant shall apply for and pay all necessary fees for utility permits for sanitary
sewer, gas, water, electric and all other utility work.
61. Additional Street Improvements: Should it be discovered after the approval process
that new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public
improvements, the City may add conditions to the development/project/permit, at the
discretion of the City Engineer, to restore pavement or other public improvements to
the satisfaction of the City.
62. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding stormwater pollution
prevention. Specifically the project must include source control, site design and
treatment measures to achieve compliance with Provision C.3. of the NPDES
Permit. Measures may include, but are not limited to, minimization of impervious
surface area, vegetated swales, infiltration areas, and treatment devices. The
primary objectives are to improve the quality and reduce the quantity of stormwater
runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP
Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start
at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start
at the Source") by the Bay Area Stormwater Management Agencies Association
(BASMAA), 1999; and Using Site Design Techniques to Meet Development
Standards for Stormwater Quality: A Companion Document to Start at the Source
("Using Site Design Techniques") by BASMAA, 2003.
Upon Submission of the preliminary site/grading plans, the applicant shall calculate
and submit to the City the amount of impervious surface created by the development
including the types of stormwater controls to be used. The applicant shall submit
preliminary sizing and design showing stormwater controls meet the City's
requirements.
Prior to recordation of the final map:
a. The applicant's designer or engineer shall submit the required certification
indicating that sizing, selection, and design of treatment BMP's for the project site
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 18
has been completed to meet the requirements of the City of Campbell's NPDES
permit, No. 01-119, Provision C.3.
b. The applicant shall sign the "Covenants for the Operation and Maintenance of
Stormwater Facilities" and submit a Stormwater Management Plan.
Prior to occupancy:
a. A qualified BMP certifier is required to inspect the stormwater management
facilities, submit a complete set of as-built drawings to Public Works Engineering,
and certify on these drawings that:
1. The stormwater management facilities were constructed in compliance with
the approved plans.
2. The as-built drawings show all pertinent constructed dimensions, elevations,
shapes, and materials.
3. All variations in construction from the approved design plan have been
identified, including omissions to and additions from the approved plan.
4. Any changes are in conformance with local, state, or federal regulations.
b. The applicant shall provide security for the operation and maintenance of
stormwater pollution prevention measures installed or provided as a part of this
project.
The applicant shall also comply with any other or new conditions as required by the
City of Campbell's most current NPDES permit.
63. Occupancv: Prior to allowing occupancy for any and/or all buildings, the applicant
shall have the required street improvements installed and accepted by the City, and
the design engineer shall submit as-built drawings to the City.
64. State General Construction Activity Permit: Prior to issuance of any grading or
building permits, the applicant shall comply with the State General Construction
Activity Permit requirements including paying fees, filing a Notice of Intent and
providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall
provide the City with a copy of the filed Notice of Intent and SWPPP.
65. Lot Meraer: Prior to issuance of any grading or building permits for the site, the
applicant shall fully complete the merger of the six (6) lots into one lot. This action
can be accomplished with a map or a lot line adjustment. The applicant shall submit
the necessary documents, pay the current processing fees and fully process the
merger with City staff's comments. Should a record of survey be required per
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 19
Section 8762 of the Business and Professions Code, a recorded copy of the record
of survey shall be submitted prior to issuance of any grading or building permits.
66. Monumentation: Prior to recordation of the lot merger, the applicant shall provide a
cash deposit for setting all monuments as required by the City Engineer.
Fire Department:
67. Formal Plan Review: Review of this development proposal is limited to accessibility
of site access and water supply as they pertain to fire department operations, and
shall not be construed as a substitute for formal plan review to determine
compliance with adopted model codes. Prior to performing any work the applicant
shall make application to, and receive from, the Building Division all applicable
construction permits. Identify the occupancy classification of the rental units.
68. Required Fire Flow: The fire flow for this project is 7000gpm at 20 psi residual
pressure. As an automatic fire sprinkler system will be installed, the fire flow has
been reduced by 50% establishing a required adiusted fire flow of 3500gpm at 20 psi
residual pressure. The adjusted fire flow is available from are water mains and fire
hydrant9s) which are not spaced at the required spacing.
69. Automatic Fire Sprinkler Svstem Reauired: Buildings requiring a fire flow in excess
of 2,000 GPM or, in excess of two stories or 35 feet in height, shall be equipped
throughout by an automatic fire sprinkler system, hydraulically designed per National
Fire Protection Association (NFPA) Standard #13. A State of California licensed fire
protection contractor shall submit plans, calculations, a completed permit application
and appropriate fees to the department for review and approval prior to beginning
their work.
70. Public Fire Hydrantls) Reauired: Provide two (2) public fire hydrant(s) at location(s)
to be determined by the Fire Department and San Jose Water Company. Hydrant(s)
shall have a minimum single flow of 2000gpm at 20 psi residual, with spacing not to
exceed 250 feet. Prior to applying for building permit, provide civil drawings
reflecting all fire hydrants serving the site. To prevent building permit delays, the
developer shall pay all required fees to the water company ASAP.
71. Timina of Reauired Water Supplv Installations: Installation of required fire service(s)
and fire hydrant(s) shall be tested and accepted by the Fire Department prior to the
start of framing or delivery of bulk combustible materials. Building permit issuance
may be withheld until installations required installations are completed, tested and
accepted.
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 20
72. Fire Hydrant Location Identifier: Prior to project final inspection, the general
contractor shall ensure that an approved ("Blue Dot") fire hydrant location identifier
has been placed in the roadway, as directed by the Fire Department.
73. Location of Reauired Fire Protection Svstem(s) Eauipment: Proposed locations for
fire hydrants, fire sprinkler system(s) control valves (PIV, OS&Y), fire department
connections (FDC), and fire alarm equipment, shall be coordinated with the fire
department and the project planners, prior to submittal of formal designs.
74. Standpipes Required: Buildings shall be equipped with standpipes designed per
NFPA Std. #14, and be equipped with 2-1/2" inch hose valves, at location
designated by the fire department. Building C and D shall be equipped with exterior
stand pipe system at location designated by the fire department.
75. Fire Apparatus (Enaine) Access Roads Reauired: Provide access roadways with a
paved all weather surface, a minimum unobstructed width of 20 feet, vertical
clearance of 13 feet, 6 inches, a minimum circulating turning radius of 36 feet
outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform
to the Fire Department Standard Details and Specifications sheet A-1. UF 902.2.2
76. Timinq of Required Roadwav Installations: Required access roads, up through first
lift of asphalt, shall be installed and accepted by the Fire Department prior to the
start of combustible construction. During construction, emergency access roads
shall be maintained clear and unimpeded. Note that building permit issuance may be
withheld until installations are completed. Temporary access roads maybe approved
on a case by case basis.
77. Fire Lane Markina Reauired: Provide marking for all roadways within the project.
Markings shall be per Fire Department specifications. Installations shall also conform
to Local Government Standards and Fire Department Standard Details and
Specifications A-6.
78. Parkina Alona Roadways: The required width of fire access roadways shall not be
obstructed in any manner and parking shall not be allowed along roadways less than
28 feet in width. Parking may be permitted along one side of roadways 28-35 feet in
width. For roadways equal to or greater than 36 feet, parking will be allowed on both
sides of the roadway. Roadway widths shall be measured curb face to curb face,
with parking space based on an 8 ft. width.
79. Emeraencv Gate/ Access Gate Reauirements: Gate installations shall conform to
Fire Department Standard Details and Specification G-1 and when open shall not
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 21
obstruct any portion of the required width for emergency access roadways or
driveways. Locks if provided shall be Fire Department approved prior to installation.
80. Standpipes Reauired: Buildings shall be equipped with standpipes designed per
NFPA Std. #14, and be equipped with 2-1/2" inch hose valves, at location
designated by the Fire Department. Standpipes shall be required throughout the
building and in the interior courtyard at locations to be determined by the fire
department. Revised drawings in writing to reflect compliance with this
requirement.
81. Fire Department Key Box Reauired: The building shall be equipped with a
permanently installed emergency access key lock box (Knox) conforming to Fire
Department Standard Detail and Specification sheet K-1. At time of final inspection,
access keys shall be provided to the Fire Department.
82. Timina of Reauired Roadway Installations: Required access roads, up through first
lift of asphalt, shall be installed and accepted by the Fire Department prior to the
start of combustible construction. During construction, emergency access roads
shall be maintained clear and unimpeded. Note that building permit issuance may
be withheld until installations are completed. Temporary access roads may be
approved on a case by case basis.
83. Ground-ladder Rescue: Ground-ladder rescue from the second and third floor rooms
shall be made possible for fire department operations for buildings C, D, and back of
Building B. With the climbing angle of seventy five (75) degrees maintained, an
approximate walkway width along either side of the building shall be no less than ten
feet clear.
84. Access to Buildinas/ Landscapina Reauirements: Landscaping shall not obstruct
Fire Department ladder access to buildings. The building permit submittal shall
include a landscape drawing which reflects the location of all landscaping, to include
how Fire Department ladder access will be provided around all buildings. An
approved walkway shall be provided on all sides of the building(s) leading from the
fire access roadway to the exterior openings of the building(s).
85. Fire Lane Markinq Reauired: Provide marking for all roadways within the project.
Markings shall be per fire department specifications. Installations shall also conform
to Local Government Standards and Fire Department Standard Details and
Specifications A-6.
86. Reauired Plans and Permits: Permits are required for the installation of all Private
Water Supplies, Tanks, Hydrant Systems and must be issued to contractors prior to
Planning Commission Resolution No. 3848
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Planned Development Permit
Merrill Gardens at Campbell - Mixed-Use Project
Page 22
the start of installation of such systems. Plans for fire apparatus access roads and
fire hydrant systems shall be submitted to the Fire Department for review and
approval prior to construction.
87. Fire Department Kev Box Reauired: The building shall be equipped with a
permanently installed emergency access key lock box (Knox), conforming to Fire
Department Standard Detail and Specifications Sheet K-1. At time of final inspection
access keys shall be provided to the fire department.
88. Premises Identification: Approved numbers or addresses shall be placed on all new
and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their backgrounds.
89. Conditions of Approval on Plans: Please be advised that the Fire Department's
Conditions of Approval are based on the minimum amount of information on the
plans. Additional requirements may apply upon submittal of 100% plans. To prevent
plan review and inspection delays, the above Conditions of Approval Shall be
restated as "notes" on all pending and future plan submittals and any referenced
diagrams to be reproduced onto the future plan submittal.
PASSED AND ADOPTED this 23rd day of October, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Ebner and Roseberry
Rocha
Gibbons
None
APPROVED:
ATTEST: